Mapping the Way through the Court and Enforcement Procedures in Serbia
This report complements the Serbia Judicial Functional Review, which assesses the current functioning of the broader judicial system in Serbia and outlines options and recommendations to inform Serbia s ongoing and planned justice reform initiative...
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| Language: | English en_US |
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Washington, DC
2015
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| Online Access: | http://documents.worldbank.org/curated/en/2014/12/23942376/null http://hdl.handle.net/10986/21510 |
| Summary: | This report complements the Serbia
Judicial Functional Review, which assesses the current
functioning of the broader judicial system in Serbia and
outlines options and recommendations to inform Serbia s
ongoing and planned justice reform initiatives in the view
of EU accession.1 The aim of this report, however, is to
illustrate the steps court users take in order to protect
their interests through procedures carried out by courts or
bailiffs. The focus is on the difference between the
procedure on the books and actual practice. The report
analyses these differences in specific types of cases, which
had been identified by stakeholders as potentially
challenging for those seeking justice:: (1) cases of
domestic violence processed by criminal courts, both under
the Criminal Procedure Code that was in force from 2001 to
30 September 2013 and under the Criminal Procedure Code
which entered into force on 1 October 2013; (2) divorce
proceedings, primarily those initiated by alleged victims of
domestic violence, together with separate procedures that
apply to requests for protective interim measures; (3) cases
where one party requests eviction, including both civil
proceedings carried out in accordance with the Civil
Procedure Code and enforcement proceedings that might follow
such proceedings; (4) special enforcement proceedings for
settlement of claims in the area of utilities and similar
services, which are, after the adoption of the 2011 Act on
Enforcement and Security, carried out exclusively by
private bailiffs, introduced by this Act. Although the
research focused on the functioning of the judicial system
in those types of cases, some of its findings inevitably
apply to criminal and civil proceedings in general, as well
as to certain enforcement proceedings. |
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